Appeals (2099)
The appropriate manner to impeach the contents of the record of appeal is by affidavit evidence. Administrator-General CRS v. Chukwuogor Nig Ltd (2007) 6 NWLR (Pt. 1030) 398.
BRITTANIA-U Nig Ltd vs SPDC Ltd [2016]1 M. J. S. C (Pt. III) [Po 177) Para. A
The duty of the Appellant to compile and transmit the record arises only at the failure or neglect of the Registrar to compile and transmit the record within the sixty (60) days period prescribed in Order 8 Rule 1. This time, the Appellant will compile or transmit the record within thirty (30) days of the default of the Registrar. Order 8 Rule 4.
BRITTANIA-U Nig Ltd vs SPDC Ltd [2016]1 M. J. S. C (Pt. III) (Po 175) Paras. E-F
It is the sole responsibility of the Registrar of the Court of Appeal to compile and transmit its records to the Court of Appeal within sixty (60) days after the filing of the notice of appeal. In discharging his duty, the Registrar shall invite the parties to settle the records and fix the amount which the Appellant is to pay for making up and forwarding the record Order 8 Rule 1 and 2 (a) and (b), Court of Appeal Rules, 2011.
BRITTANIA-U Nig Ltd vs SPDC Ltd [2016]1 M. J. S. C (Pt. III) [Po 175] Paras. C-D
It is the duty of the Respondent who challenges the classification of a ground of appeal as one of mixed law and fact to satisfy the Court that the ground belongs to a classification different from the one the Appellant assigned to it.
BRITTANIA-U Nig Ltd vs SPDC Ltd [2016]1 M. J. S. C (Pt. III) [Po 171] Para. G.
The expression "grounds of mixed law and facts" is not a term of art. It is not a magic wand that can convert a ground of appeal from one classification to another one.
BRITTANIA-U Nig Ltd vs SPDC Ltd [2016]1 M. J. S. C (Pt. III) [Po 171] Para. A
As the name implies, a rep y brief responds to the Respondent s brief but if the Respondents have joined issues with the Appellant s brief, the Appellant need not repeat the issues joined either by emphasis or expatiation. A reply brief is not one for the repetition of arguments in the Appellant s brief it is not a forum for emphasizing the argument in the Appellants brief Ochemaje v. State (2008) 6-7 SC (Pt. 11) 1.
BRITTANIA-U Nig Ltd vs SPDC Ltd [2016]1 M. J. S. C (Pt. III) [Po 168] Paras. A-B
By the provisions of Order 3 Rule 14 (4) of the Court of Appeal Rules, 1981, a Respondent notice must be served on the Appellant:-
- in the case of an appeal against an interlocutory order within fifteen (15) days, and
- in any other case within thirty (30) days alter the service of the Notice of Appeal on the Respondent.
Mabamije & Otto [2016]1 M. J. S. C (Pt. III) [Po 53] Paras. E-G
An issue or issues for determination must arise from the grounds of appeal relied upon. Nwanezia v. Idris (1993) 3 NWLR (Pt. 279) 1 at 12. Therefore, when an issuers) as formulated be not based on the ground of appeal filed, the legal effect is that it is/they are on that account irrelevant. Ugo v. Obiekwe (J989) 1 NWLR (Pt. 99) 566. Osinupebi v. Sabiu (1982) 7 SC 104, 110, 111; Western Steel Works Ltd v. Iron Workers Union of Nigeria (1987) 1 NWLR (Pt. 49) 284, 304.
Ozurumba Nsirim & Dr. Samuel W. Amai [2016]1 M. J. S. C (Pt. III) [Pp. 14-15] Paras. G-A
It is settled law and practice that the duty of a Respondent to an appeal is to defend the judgment of the court below which is usually in his favour His duty is not to attack the judgment already given in his favour except where he disagrees with some aspects of the judgment in which case, he is required to file a cross appeal in which he prays the appellate court to set aside the aspect of the judgment he considers against his interest or for the court to consider an aspect of the case he put forward at the lower court which the lower court failed and/or neglected to consider and determine in its judgment.
A reply brief is not an opportunity to reargue an appeal of the Appellant. Rather, it is an avenue to reply to new issues raised by the Respondent in the appeal.
Okwu & Anor vs Umeh & 4 ors [2016]1 M. J. S. C (Pt. II) [Po 21] Para. E